243Restricted access proceedings—notice of applications

243 Restricted access proceedings—notice of applications etc (1) This section applies to a confiscation proceeding for any of the following orders (a restricted access proceeding): (a) a restraining order; (b) an application by the DPP or public trustee and guardian for an additional order under section 39 in relation to a restraining order or restrained property; (c) an order under section 49 (Extension of time for restraining orders) that a restraining order— (i) is to remain in force for a stated period (or as stated in the order); or (ii) that has ended is to be revived for a stated period (or as stated in the order); (d) a monitoring order; (e) a transaction suspension order; (f) a production order (other than an application to vary a production order under section 162); (g) an examination order. (2) An application to begin a restricted access proceeding may be made to a relevant court without notice to the person against whom the relevant order is sought. (3) If an application is made to begin a restricted access proceeding without notice to the person against whom the relevant order is sought, the applicant is the only party to the application. (4) If notice is given to the person against whom the order is sought, the person is entitled to appear and to present evidence at the hearing of the application, but the person’s absence does not prevent the court from making the order. (5) The relevant court must hold a restricted access proceeding in closed court if the applicant asks and may give directions about who may be present.